Sunil Kumar Sinha, C.J. - (1.) THE Appellants/Claimants are mother and younger brother of deceased Phurmit Lepcha, who died in a motor accident on 22.04.2014. She was unmarried and was aged about 25 years. She had undergone training for tailoring from Government of Sikkim. During the period of training she was getting stipend of Rs. 6,600/ - per month. After completion of her training, she was likely to begin her tailoring shop, but in fact the shop had not begun till the date of accident. Thus, there was no income of the deceased at the time of the accident. The Appellants filed a claim petition under Section 166 of the Motor Vehicles Act before the Motor Accidents Claims Tribunal, East Sikkim at Gangtok (for short, 'the Tribunal'), which was registered as MACT Case No. 11 of 2014. The Tribunal after perusal of the entire evidence available before it held that the accident occurred on account of rash and negligent driving of the offending vehicle by the driver and the Insurance Company was liable to pay compensation. The Tribunal, relying on the Judgment of State of Haryana and another v. Jasbir Kaur and others : : 2003 (3) TAC 569 (SC), held the monthly income of the deceased as Rs. 3,000/ -. Applying multiplier of 18 and deducting 50% towards personal expenses of the deceased, the Tribunal awarded Rs. 3,24,000/ - as loss of earning. The Tribunal also awarded Rs. 25,000/ - towards funeral expenses; Rs. 2,500/ - towards loss of estate and Rs. 50,000/ - towards non -pecuniary damages. The Tribunal, thus, awarded a total sum of Rs. 4,01,500/ - as compensation to the Appellants on account of death of deceased Phurmit Lepcha in the motor accident. The Tribunal also awarded interest @ 10% per annum from the date of filing of claim petition i.e. 22.05.2014 till realization.
(2.) MS . Pema Wangmu Bhutia, learned counsel appearing on behalf of the Appellants, has submitted that the reliance placed on Jasbir Kaur (supra) was incorrect; the facts of the said case are quite different; the Tribunal ought to have relied on the notification dated 06.04.2013 (Exhibit -35) issued by the Government of Sikkim, Department of Labour in which the daily wages of semi -skilled labour was notified as Rs. 220/ - per day. On the other hand, Mr. Thupden G. Bhutia, learned counsel appearing on behalf of Respondent No. 1/Insurance Company has opposed these arguments and supported the award passed by the Claims Tribunal. Ms. Rajani Rizal and Ms. Rupa Dhakal, learned counsel appearing on behalf of Respondent No. 2 have supported the contentions of Mr. Bhutia.
(3.) I have heard counsel for the parties.;